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Table of Contents
Intro; Foreword; Preface; Contents; Part I: International Law and Regional Systems; Compliance with Judgments and Decisions: The Experience of the Inter-American Court of Human Rights: A Reassessment; 1 Preliminary Observations; 2 Referral of Non-compliance to the Main Organs of the OAS; 3 Supervision of Compliance with IACtHR Judgments and Decisions; 4 Supervision Motu Propio by the IACtHR Itself: The Leading Case of Baena Ricardo and Others (270 Workers v Panama, 2003); 5 A Setback in the Practice of the IACtHR: `Partial Compliances;́ 6 Final Observations; References
Part II: Contemporary Challenges/Emerging IssuesResponding to Terrorism: Definition and Other Actions; 1 Overview; 2 Introduction; 3 Abandoning the Term?; 4 Does `Terrorism ́Meet the Criteria for an International Customary Crime?; 5 Making the Term `Terrorism ́Manageable; 5.1 The Urgent Need to Focus on Victims; 5.2 Terrorism As a Concept of Criminal Law; 5.3 The Need for an International Legal Concept of Terrorism; 5.4 The Tension Between Domestic and International Norms; 5.5 The Arguments for and Against a Concept of Terrorism As a Crime in Domestic and International Laws
6 The Problem of Finding or Creating a Common Legal Usage6.1 Existing Law?; 6.2 Belling the Cat: Who Is to Deal with the Problem?; 6.3 What If There Is No Existing Law?; 7 Criteria for Developing the Law; 7.1 Avoidance of Injustice; 7.2 Help Abate Public Injury; 7.3 Judicial Development and Creation of Law; 7.4 Grotius and Cicero; 7.5 Whose Opinion Should Govern?; 7.6 Tentative Principles; 8 An International Criminal Law Against Terrorism: What Should It Provide and Who Should Create It?; 8.1 Need for Precision; 8.2 Consequent Need to Trim the Concept
8.3 In the Case of Terrorism, Can and Should the Judges Properly Perform a Distillation?8.4 The Role of the Academy and the Profession; 9 Other Actions; 10 Conclusion; References; The Evolution of the Status of the Individual Under International Law; 1 Introduction; 2 The Status of the Individual Under Traditional International Law; 3 New Era; 4 Individual Criminal Responsibility for International Crimes; 5 Concluding Remarks; References; Admission into Diplomatic Buildings As an Alternative or Substitute to Diplomatic Asylum?; 1 Introduction: Silence of the Vienna Convention
2 How to Survive Without a Universal Written Rule on Diplomatic Refuge: Some Historical and Contemporary Examples2.1 The South American Answer Based on Regional Treaties, Regional Custom and Ambiguous Practice; 2.1.1 The Relevant South American Treaty Law; 2.1.2 Haya de la Torreś Famous Refuge of the Columbian Embassy in Lima; 2.1.3 Refuge at the Diplomatic Missions During Pinochetś Coup dé́tat (1973); 2.1.4 Manuel Noriega at the Nunciature in Panama City; 2.1.5 Pedro Carmona in the Columbian Ambassadorś Residence of Caracas
Part II: Contemporary Challenges/Emerging IssuesResponding to Terrorism: Definition and Other Actions; 1 Overview; 2 Introduction; 3 Abandoning the Term?; 4 Does `Terrorism ́Meet the Criteria for an International Customary Crime?; 5 Making the Term `Terrorism ́Manageable; 5.1 The Urgent Need to Focus on Victims; 5.2 Terrorism As a Concept of Criminal Law; 5.3 The Need for an International Legal Concept of Terrorism; 5.4 The Tension Between Domestic and International Norms; 5.5 The Arguments for and Against a Concept of Terrorism As a Crime in Domestic and International Laws
6 The Problem of Finding or Creating a Common Legal Usage6.1 Existing Law?; 6.2 Belling the Cat: Who Is to Deal with the Problem?; 6.3 What If There Is No Existing Law?; 7 Criteria for Developing the Law; 7.1 Avoidance of Injustice; 7.2 Help Abate Public Injury; 7.3 Judicial Development and Creation of Law; 7.4 Grotius and Cicero; 7.5 Whose Opinion Should Govern?; 7.6 Tentative Principles; 8 An International Criminal Law Against Terrorism: What Should It Provide and Who Should Create It?; 8.1 Need for Precision; 8.2 Consequent Need to Trim the Concept
8.3 In the Case of Terrorism, Can and Should the Judges Properly Perform a Distillation?8.4 The Role of the Academy and the Profession; 9 Other Actions; 10 Conclusion; References; The Evolution of the Status of the Individual Under International Law; 1 Introduction; 2 The Status of the Individual Under Traditional International Law; 3 New Era; 4 Individual Criminal Responsibility for International Crimes; 5 Concluding Remarks; References; Admission into Diplomatic Buildings As an Alternative or Substitute to Diplomatic Asylum?; 1 Introduction: Silence of the Vienna Convention
2 How to Survive Without a Universal Written Rule on Diplomatic Refuge: Some Historical and Contemporary Examples2.1 The South American Answer Based on Regional Treaties, Regional Custom and Ambiguous Practice; 2.1.1 The Relevant South American Treaty Law; 2.1.2 Haya de la Torreś Famous Refuge of the Columbian Embassy in Lima; 2.1.3 Refuge at the Diplomatic Missions During Pinochetś Coup dé́tat (1973); 2.1.4 Manuel Noriega at the Nunciature in Panama City; 2.1.5 Pedro Carmona in the Columbian Ambassadorś Residence of Caracas